Mother of missing woman, Michelle Parker, loses battle to see grandchildren

ORANGE COUNTY, Fla. — A judge dismissed a grandmother's case to see her grandchildren on Thursday.

Yvonne Stewart filed a lawsuit against her missing daughter's ex-fiancee, Dale Smith Jr.

Stewart’s daughter, Michelle Parker, disappeared in 2011, and the only suspect in her disappearance is Smith Jr., the father of Parker's children.

The case was based on the fact that Smith was convicted of a violent crime.

The lawsuit was trying to show a pattern of violence that dated back to his ex-wife.

He was convicted of domestic violence years ago.

The judge’s order said that because the domestic violence was not on Parker, and was years before the children were born, Smith is not an unfit parent and the case was dismissed.

Stewart is the first to sue based on a legislation, and her attorneys are researching whether they have grounds to appeal.

The Grandparents Law, which offers visitation rights to grandparents if their child dies, has passed, and Stewart is moving through the courts for visitation rights. %

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If they don't appeal, it could mean the statute has to be re-written.

“I am not out to sabotage Dale. I just want to be able to see my grandchildren and I didn’t do anything wrong,” Stewart said. “That’s all I have. The hole is deep enough, and without even being able to see them—it is heart-wrenching.”

Orlando police said the case into Parker’s disappearance is still ongoing.

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Watch Stewart's interview with Channel 9 below:

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